HomeMy WebLinkAboutComments PLANNER 5/21/2009
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From:
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Subject:
METZGER Mark
Thursday, May 21,20094:19 PM
MILLER Liz; JONES Terry (Tara); KELLY Deyette; DAVIS Lissa
FW: Locally Significant Wetland Issue
This wetland issue has been at the counter and I wanted to include you in this response from DSL regarding a wetland
delineation and OFWAM (Oregon Freshwater Wetland Assessment Methodology) analysis for a site just south of 59th
and Main Street. The site is a wetland. The owner wanted the City to remove the "Locally Significant" status of the
wetland. I indicated that DSL had approved the OFWAM analysis and that the city did not have the jurisdiction to
remove the "Locally Significant" designation. The e-mail string below includes a letter from Janet Morland from DSL
which confirms my understanding of the lawe We can work with the property owner to help them make reasonable use
of their property using the variance process that we have in our code.
From: Loran Waldron [mailto:lwaldron@landandwater.biz]
Sent: Thursday, May 21, 2009 3:26 PM
To: MORLAN Janet
Cc: Pete Cobarrubia; METZGER Mark
Subject: Re: Locally Significant Wetland Issue
Thanks Janet. That was a very concise and clear explanation.
Our on-site wetland delineation confirmed the L WI boundary on the northern portion of the lot, and you
indicate that it would not be appropriate to change the approved OFW AM results for a small but connected
portion of the wetland. I am sure at this point that Pete, Mark and I will continue the discussion about the
variance procedures that are in place. .
Thank you very much for your input.
Loran
--- Original Message -
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To: Loran Waldron
Cc: mrmelzaerra>ci.sorinafield.orus
Sent: Thursday, May 21,20092:32 PM
Subject: RE: Locally Significant Wetland Issue
Hi Loran & Mork,
I read over the e-moil exchange and your letter to me, Loran. Here's the scoop on this joint state-local
designation process:
As Mark indicated, when DSL approves an LWI we approve the mapping and the OFWAM work (this was done in 2
stages for Springfield, as the original LWI rules did not include OFWAM). OFWAM, like most wetland assessment
methods, directs the evaluator to consider all hydrologically connected portions of a wetland as a single
assessment unit. It is not broken into separate units based upon ownership or Coward in classification. (We do,
however, often allow more than one essentially identical wetlands with identi~al surrounding land uses etc. to be
lumped into a single OFWAM assessment.) Also, the mapping requirements do not require mapping the different
Coward in classes, just the wetland boundaries, so the classification of different portions of a wetland are not
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known from the LWI alone. So the nhal LWI includes mapped wetlands and ~. .Jciated documentation, including
. oFWAM results for the wetlands (not port.ions of wetlands).
The consultants conducting the L WI generally also do the next step of running the oFW AM results through the
Locally Significant Wetland designation rules and often include that work in the LWI binder, even though the act
of "designation" is a city responsibility. Those rules were developed by DSL as required by the legislature.
However, that legislation did not give DSL any'authority beyond developing the rules! So, DSL approves the
LWI including oFWAM, but we say nothing in our approval letter about the LSW work; all we do is provide some
advice to the.consultant & city upon request or if we happen to notice any problem with the LSW work.
Presumably, DLCD has some authority as they must acknowledge plan amendments.
Our LWI rules and most local wetlands ordinances do address an administerial procedure for correcting wetland
mapping errors, but that refers to the ability to adjust wetland boundaries or remove a site that turns out to not
be wetland, based upon a DSL-approved delineation, without going through a plan amendment. It doesn't mean
classification because classification boundaries are not mapped nor intended to be mapped.
So, it would not be appropriate to change the oFWAM results (and those results are both approved by DSL and
adopted by the City), and there really is no state process for changing a LSW designation based upon those
approved results and application of the LSW rules. However, Goal 5 does require that Cities ineludea variance
procedure to consider hardship variances for any lands demonstrated to have been rendered not buildable by
application of the ordinance. If the LSW designation and' ordinance does make the parcel "essentially non-
developable" as your e-mail states, then Mark's e-mail indicates to me that the City does have a provision for a
variance, and there is no need to coordinate with DSL on appropriate application of that variance procedure.
Let me know if you have further questions.
Janet C. Morlan, PWS
Wetlands Program Manager
Department of State Lands
Wetlands & Waterways Conservation Division
.775 Summer Street NE, Ste. 100
Salem, OR 97301-1279
503-986-5236
Fax: 503-378-4844
www.oreaonstatelands.us
From: Loran Waldron [mailto:lwaldron@landandwater.biz]
Sent: Wednesday, May 20, 2009 3:44 PM
To: MORLAN Janet
Subject: Re: Locally Significant Wetland Issue
,
OK Thank you.
Loran Waldron
Sent: Wednesday, May 20, 2009 3:35 PM.
Subject: RE: Locally Significant Wetland Issue
2
Date Received:
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